Professional Documents
Culture Documents
TITLE 14
Chapter 14:20
PREVIOUS CHAPTER
TOURISM ACT
Acts 15/1995, 22/2001.
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1.
Short title and date of commencement.
2.
Interpretation.
PART II
ZIMBABWE TOURISM AUTHORITY
3.
Establishment of Zimbabwe Tourism Authority.
4.
Board of Authority.
5.
Functions of Authority.
6.
Qualifications for appointment as member.
7.
Terms and conditions of office of appointed members.
8.
Vacation of office by members.
9.
Minister may require appointed member to vacate his office or may
suspend him.
10.
Filling of vacancies on Board.
11.
Meetings and procedure of Board.
12.
Committees of Board.
13.
Remuneration and allowances of members of Board and committees.
14.
Members of Board and committees to declare connection with
companies and firms dealing with Authority.
15.
Minutes of proceedings of Board and committees.
16.
Validity of decisions and acts of Board and committees.
17.
Appointment and functions of Chief Executive of Authority.
18.
Execution of contracts and instruments by Authority.
19.
Reports of Authority.
20.
Minister may give Board directions on matters of policy.
PART III
FINANCIAL PROVISIONS RELATING TO AUTHORITY
21.
Annual programmes and budgets of Authority.
22.
Grants to Authority from Zimbabwe Tourism Fund.
23.
Funds of Authority.
24.
Investment of moneys not immediately required by Authority.
25.
Authority to make certain charges to revenue account.
26.
Accounts of Authority.
27.
Audit of Authoritys accounts.
28.
Powers of auditors.
PART IV
ZIMBABWE TOURISM FUND
29.
Establishment and object of Zimbabwe Tourism Fund.
30.
Composition of Zimbabwe Tourism Fund.
31.
Administration of Zimbabwe Tourism Fund.
32.
Application of Zimbabwe Tourism Fund.
33.
Financial year of Zimbabwe Tourism Fund.
34.
Books of account and audit of Zimbabwe Tourism Fund.
PART V
DESIGNATED TOURIST FACILITIES
35.
Designation of tourist facilities.
PART VI
REGISTRATION AND GRADING OF DESIGNATED TOURIST ACT
36.
Designated tourist facilities to be registered and graded.
37.
Authority to establish and keep appropriate registers.
38.
Applications for registration and grading of designate tourist facilities.
39.
Registration and grading of designated tourist facilities.
40.
Certificates of registration or grade of designated tourist facilities.
41.
Publication of list of registered tourist facilities.
42.
Notification of alterations to registered tourist facilities.
43.
Cancellation of registration of designated tourist facilities.
44.
Regarding of designated tourist facilities.
PART VII
LICENSING OF OWNERS AND OPERATORS OF DESIGNATED TOURIST
FACILITIES AND OTHER PERSONS
45.
Persons required to be licensed.
46.
Licensing officers.
47.
Applications for licences.
48.
Form and duration of licences.
49.
Cancellation of licences.
PART VIII
GENERAL
50.
Certain designated tourist facilities to keep register of clients.
51.
Appeals.
52.
Designated officers.
53.
Powers of Chief Executive, licensing officer and designated officers.
54.
Secrecy to be observed.
55.
Levies.
56.
Authority may require statistics and information.
57.
Regulations.
58.
Offences and penalties.
59.
Summary judgment for unpaid levies in criminal proceedings.
60.
Registers and certificates to be evidence.
61.
Special provisions relating to dissolution of Zimbabwe Tourist
Development Corporation.
FIRST SCHEDULE: Powers of Authority.
SECOND SCHEDULE: Dissolution of Zimbabwe Tourist
Development Corporation.
AN ACT to establish a Zimbabwe Tourism Authority and to provide for its functions;
to provide for the appointment and functions of a board of the Authority; to establish
a Zimbabwe Tourism Fund; to provide for the appointment of a Chief Executive of
the Authority, licensing officers and other officers; to provide for the designation,
registration and grading of tourist facilities and for the licensing of persons who
provide services connected with tourism; to provide for the imposition and collection
of levies in respect of designated tourist facilities; and to provide for matters
connected with or incidental to the foregoing.
( j)
work that is not remunerated from within Zimbabwe;
tourist industry includes all businesses, enterprises and activities which provide
tourist facilities, including any such businesses, enterprises and activities carried on
by the State, a statutory body or a local authority;
visitor means any person whose usual place of residence is outside Zimbabwe and
who visits Zimbabwe for a period not exceeding one year for any reason other than
immigration or employment remunerated from within Zimbabwe;
Zimbabwe Tourism Fund means the Zimbabwe Tourism Fund established by
subsection (1) of section twenty-nine.
PART II
ZIMBABWE TOURISM AUTHORITY
3
Establishment of Zimbabwe Tourism Authority
There is hereby established an authority, to be known as the Zimbabwe Tourism
Authority, which shall be a body corporate capable of suing and being sued in its own
name and, subject to this Act, of performing all acts that bodies corporate may by law
perform.
4
Board of Authority
(1) Subject to this Act, the operations of the Authority shall be controlled by a board
consisting of
(a)
a chairman and deputy chairman appointed by the Minister in
accordance with this Part; and
(b)
the Chief Executive; and
(c)
not fewer than six and not more than eight other members appointed
by the Minister in accordance with this Part.
(2) The Minister shall appoint members in terms of paragraphs (a) and (b) of
subsection (1) after consultation with the President and subject to such directions as
the President may give him.
(3) Members shall be appointed for their knowledge of and ability and experience in
the tourist industry or for their suitability otherwise for appointment as members.
5
Functions of Authority
(1) Subject to this Act, the functions of the Authority shall be
(a)
to promote Zimbabwe as a destination for tourists, and to promote the
tourist industry in overseas, regional and domestic markets;
(b)
to develop marketing skills and initiatives within the tourist industry;
(c)
to promote high standards in the tourist industry through the
establishment of standards, training and human resource development;
(d)
to register and grade designated tourist facilities;
(e)
to promote the development of tourist facilities;
(f)
to undertake planning for the tourist industry, including the conduct of
market research and the development of a tourism database;
(g)
to promote awareness in Zimbabwe of the benefits of tourism;
(h)
to provide consultancy and advisory services in relation to tourism;
(i)
to investigate and make recommendations to the Minister on any
matter affecting the tourist industry and the administration of this Act;
( j)
on its own initiative or at the request of the Minister, to carry out any
function that may be conferred or imposed on the Authority by or under this Act or
any other enactment.
(2) For the better exercise of its functions the Authority shall have power, subject to
this Act, to do or cause to be done, either by itself or through its agents, all or any of
the things specified in the First Schedule, either absolutely or conditionally and either
solely or jointly with others.
(3) In the performance of the Authoritys functions, the Board shall have regard to the
environmental, social and physical impact to any activity or undertaking referred to in
subsection (1) or in the First Schedule.
6
Qualifications for appointment as member
(1) Subject to this section, a person shall be qualified for appointment as member if
he is a citizen of Zimbabwe or ordinarily resident in Zimbabwe.
(2) The Minister shall not appoint a person as a member, and no person shall be
qualified to hold office as a member if
(a)
in terms of a law in force in any country
(i)
he has been adjudged or otherwise declared insolvent or bankrupt and
has not been rehabilitated or discharged; or
(ii)
he has made an assignment to, or arrangement or composition with,
his creditors which has not been rescinded or set aside;
or
(b)
within the period of five years immediately preceding the date of his
proposed appointment, he has been convicted in Zimbabwe or in any other country of
an offence involving fraud or dishonesty and sentenced to a term of imprisonment
imposed without the option of a fine, whether or not any portion of the sentence has
been suspended.
(3) A member of Parliament shall not be qualified for appointment as a member, nor
shall he hold office as a member.
7
Terms and conditions of office of appointed members
(1) Subject to this Part, an appointed member shall hold office for such period, not
exceeding three years, as the Minister may fix on his appointment, and upon the
expiry of his term of office he shall be eligible for re-appointment as a member.
(2) On the expiry of the period for which an appointed member has been appointed,
he shall continue to hold office until he has been re-appointed or his successor has
been appointed:
Provided that a member shall not continue to hold office under this subsection for a
period exceeding six months.
(3) Subject to this Part, an appointed member shall hold office on such terms and
conditions as the Minister may fix for appointed members generally.
8
Vacation of office by members
(1) An appointed member shall vacate his office and his office shall become vacant
(a)
one month after the date on which he gives notice to the Minister of
his intention to resign, or after the expiry of such other period of notice as he and the
Minister may agree; or
(b)
if he becomes a member of Parliament; or
(c)
if he ceases to be a citizen of Zimbabwe or ordinarily resident in
Zimbabwe; or
(d)
on the date he begins to serve a sentence of imprisonment imposed in
Zimbabwe or in any other country; or
(e)
if he becomes disqualified in terms of paragraph (a) of subsection (2)
of section six to hold office as a member; or
(f)
if he is required in terms of section nine to vacate his office.
(2) The Chief Executive shall cease to be a member upon his ceasing to hold office as
Chief Executive.
9
Minister may require appointed member to vacate his office or may suspend
him
(1) The Minister may require an appointed member to vacate his office if the
appointed member
(a)
has been guilty of improper conduct as a member or guilty of conduct
that is prejudicial to the interests or reputation of the Authority; or
(b)
has failed to comply with any condition of his office fixed by the
Minister in terms of subsection (3) of section seven; or
(c)
is mentally or physically incapable of efficiently performing his
functions as a member.
(2) The Minister, on the recommendation of the Board, may require an appointed
member to vacate his office if the Minister is satisfied that the member has been
absent without the permission of the Board from three consecutive meetings of the
Board, of which the member was given not less than seven days notice, and that
there was no just cause for the rnembers absence.
(3) The Minister
(a)
may suspend from office an appointed member against whom criminal
proceedings have been instituted in respect of an offence for which a sentence of
imprisonment without the option of a fine, may be imposed; and
(b)
shall suspend from office an appointed member who has been
sentenced by a court to imprisonment without the option of a fine, whether or not any
portion has been suspended, pending determination of the question whether the
member is to vacate his office;
and while the member is so suspended he shall not exercise any functions or be
entitled to any remuneration as a member.
10
Filling of vacancies on Board
On the death of, or the vacation of office by, an appointed member, the Minister may,
subject to this Part, appoint a person to fill the vacancy:
Provided that, if as a result of the vacancy the number of appointed members is fewer
than the minimum specified in subsection (1) of section four, the Minister shall
appoint a person to fill the vacancy.
11
Meetings and procedure of Board
(1) The Board shall hold its first meeting on a date and place fixed by the Minister,
and thereafter shall meet for the dispatch of business and adjourn, close and otherwise
regulate its meetings and procedure as it thinks fit:
Provided that the Board shall meet at least six times in each financial year.
(2) The chairman of the Board
(a)
may convene a special meeting of the Board at any time; and
(b)
shall convene a special meeting of the Board on the written request of
the Minister or not fewer than two members, which meeting shall be convened for a
date not sooner than seven days and not later than thirty days after the chairmans
receipt of the request.
(3) Written notice of a special meeting convened in terms of subsection (2) shall be
sent to each member not later than forty-eight hours before the meeting and shall
specify the business for which the meeting has been convened.
(4) No business shall be discussed at a special meeting convened in terms of
subsection (2) other than
(a)
such business as may be determined by the chairman of the Board,
where he convened the meeting in terms of paragraph (a) of subsection (2); or
(b)
the business specified in the request for the meeting, where the
chairman of the Board convened the meeting in terms of paragraph (b) of subsection
(2).
(5) The chairman of the Board or, in his absence, the deputy chairman shall preside at
all meetings of the Board:
Provided that, if the chairman and deputy chairman are both absent from any meeting
of the Board, the members present may elect one of their number to preside at that
meeting as chairman.
(6) Four members shall form a quorum at any meeting of the Board.
(7) Subject to subsection (12), anything authorized or required to be done by the
Board may be decided by a majority vote at any meeting of the Board at which a
quorum is present.
(8) With the Boards approval, the chairman of the Board may invite any person to
attend a meeting of the Board or a committee, where the chairman considers that the
person has special knowledge or experience in any matter to be considered by the
Board or the committee, as the case may be, at that meeting.
(9) A person invited to attend a meeting of the Board or of a committee in terms of
subsection (8) may take part in the proceedings of the Board or the committee as if he
were a member thereof, but shall not have a vote on any question before the Board or
committee, as the case may be.
(10) Subject to subsection (11) and to section fourteen, at all meetings of the Board
each member present shall have one vote on any question before the Board and, in the
event of an equality of votes, the person presiding at the meeting shall have a casting
vote in addition to a deliberative vote.
(11) The Chief Executive shall not take part in the discussion of, and shall not vote
on, any question before the Board which involves
(a)
his tenure of office or conditions of service; or
(b)
advice which the Board is to give the Minister in regard to an appeal
under section fifty-one against a decision of the Chief Executive.
(12) Any proposal circulated among all members and agreed to in writing by a
majority of them shall have the same effect as a resolution passed by a duly
constituted meeting of the Board and shall be incorporated into the minutes of the
next succeeding meeting of the Board:
Provided that, if a member requires that such a proposal be placed before a meeting of
the Board, this subsection shall not apply to the proposal.
12
Committees of Board
(1) For the better exercise of its functions, the Board may establish one or more
committees in which the Board may vest such of its functions as it considers
appropriate:
Provided that the vesting of any function in a committee shall not divest the Board of
that function, and the Board may amend or rescind any decision of the committee in
the exercise of that function.
(2) On the establishment of a committee in terms of subsection (1), the Board
(a)
shall appoint at least one member of the Board as a member of the
committee, and that member or one of those members, as the case may be, shall be
chairman of the committee; and
(b)
may appoint as members of the committee, on such terms and
conditions as the Board may fix, persons who are not members of the Board.
(3) Meetings of a committee may be convened at any time and at any place by the
chairman of the Board or the chairman of the committee.
(4) Subject to subsection (3) and to sections fourteen and fifteen, the procedure to be
followed at any meeting of a committee and the quorum at any such meeting shall be
as fixed by the Board.
13
Remuneration and allowances of members of Board and committees
Every member of the Board or of a committee shall be paid from the funds of the
Authority
(a)
such remuneration, if any, as the Minister, with the approval of the
Minister responsible for finance, may fix for members of the Board or of committees,
as the case may be, generally; and
(b)
such allowances as the Minister may fix to meet any reasonable
expenses incurred by the member in connection with the business, of the Authority or
the committee, as the case may be.
14
Members of Board and committees to declare connection with companies and
firms dealing with authority
(1) If a member of the Board or of a committee, or a spouse of such a member
(a)
tenders for or acquires or holds a direct or indirect pecuniary interest
in a contract with the Authority; or
(b)
knowingly acquires or holds a direct or indirect pecuniary interest in a
company or association of persons applying or negotiating for a contract with the
Authority; or
(c)
owns immovable property or a right in immovable property or a direct
or indirect pecuniary interest in a company or association of persons which results in
his private interests coming or appearing to come into conflict with his functions as a
member of the Board or of the committee, as the case may be;
the member shall forthwith disclose the fact to the Board or the committee, as the
case may be.
(2) A member referred to in subsection (1) shall take no part in the consideration or
discussion of, or vote on, any question before the Board or the committee, as the case
may be, which relates to any contract, right, immovable property or interest referred
to in that subsection.
15
Minutes of proceedings of Board and committees
(1) The Board shall cause minutes of all proceedings of and decisions taken at every
meeting of the Board and of every committee to be entered in books kept for the
purpose.
(2) Any minutes referred to in subsection (1) which purport to be signed by the
person presiding at the meeting to which the minutes relate or by the person presiding
at the next following meeting of the Board or the committee concerned, as the case
may be, shall be accepted for all purposes as prima facie evidence of the proceedings
and decisions taken at the meeting concerned.
16
Validity of decisions and acts of Board and committees
No decision or act of the Board or a committee or act that is authorized by the Board
or a committee shall be invalid solely because there was a vacancy in the membership
of the Board or the committee or because a disqualified person purported to act as a
member of the Board or the committee, as the case may be, at the time the decision
was taken or the act was done or authorized.
17
Appointment and functions of Chief Executive of Authority
(1) Subject to this Act, the Board shall appoint, on such terms and conditions as the
Board may fix, a person approved by the Minister to be Chief Executive of the
Authority.
(2) Without the authority of the Minister, no person shall be appointed as Chief
Executive and no person shall be qualified to hold office as Chief Executive if he is
not a citizen of Zimbabwe or ordinarily resident in Zimbabwe.
(3) The appointment of the Chief Executive shall terminate if he would be required in
terms of paragraph (c), (d) or (e) of subsection (1) of section eight to vacate his office
had that section, and paragraph (a) of subsection (2) of section six, applied to him:
Provided that his appointment shall not terminate on the ground that he has ceased to
be a citizen of Zimbabwe or ordinarily resident in Zimbabwe, if the Minister has
granted authority under subsection (2).
42
Notification of alterations to registered tourist facilities
(1) Any operator of a registered tourist facility who intends to make any addition or
alteration to the facility which is likely to affect
(a)
the accommodation or any service provided to tourists; or
(b)
the registration or grading of the facility;
shall notify the Authority in writing before commencing any such addition or
alteration, and shall provide the Authority with such fee, plans, documents and other
information or particulars relating to the addition or alteration as may be prescribed.
(2) Within thirty days after the completion of any addition or alteration notified in
terms of subsection (1), or within such longer period as the Chief Executive may
allow, the operator of the registered tourist facility concerned shall notify the
Authority of such completion.
(3) Any person who contravenes subsection (2) shall be guilty of an offence and
liable to a fine not exceeding level three or to imprisonment for a period not
exceeding one month or to both such fine and such imprisonment.
[inserted by Act 22 of 2001, with effect from the 10th September, 2002.]
43
Cancellation of registration of designated tourist facilities
(1) Where the Board considers that there has been a failure in respect of a registered
tourist facility to comply with any of the prescribed requirements for registration, the
Board may give notice to the operator of the tourist facility that unless the
requirement concerned is complied with within such reasonable period as the Board
shall specify, he proposes to cancel the tourist facilitys registration.
(2) The operator of a registered tourist facility in respect of which a notice has been
given in terms of subsection (1) may, before the expiry of the period specified by the
Board, make written representations to the Board in regard to the proposed
cancellation of the tourist facilitys registration.
(3) If, upon the expiry of the period specified in a notice given in terms of subsection
(1), the Board considers that the requirement concerned has not been complied with
and that no good reason has been shown as to why the tourist facility concerned
should remain registered, the Board may direct the Chief Executive to cancel the
registration of the tourist facility, and the Chief Executive shall forthwith comply
with the direction and give notice of the cancellation to the tourist facilitys operator.
(4) The Chief Executive shall give notice in the Gazette of the cancellation of a
tourist facilitys registration in terms of this section.
44
Regrading of designated tourist facilities
(1) The Board may at any time, after giving the operator of a designated tourist
facility a reasonable opportunity of making written representations in the matter,
direct the Chief Executive to regrade the designated tourist facility if, in the Boards
opinion, reasonable and sufficient grounds exist for doing so.
(2) The operator of a designated tourist facility which has been graded may, subject to
such conditions and accompanied by such fee as may be prescribed, apply to the
Board in the prescribed form and manner for the regrading of the designated tourist
facility.
(3) The Board shall consider any application made under subsection (2) and shall give
such decision and take such action thereon as it considers appropriate.
PART VII
LICENSING OF OWNERS AND OPERATORS OF DESIGNATED TOURIST
FACILITIES AND OTHER PERSONS
45
Persons required to be liensed
(1) Where, in terms of regulations made under section fifty-seven, any person who
owns, conducts or operates a designated tourist facility, or who provides or assists in
50
Certain designated tourist facilities to keep registers of clients
Every operator of such designated tourist facilities as may be prescribed shall
(a)
keep a register in the prescribed form in which he shall record such
particulars as may be prescribed of every person who uses the services of his
designated tourist facility; and
(b)
preserve the register referred to in paragraph (a) for such period as
may be prescribed; and
(c)
on demand, produce the register referred to in paragraph (a) to any
designated officer, police officer or immigration officer.
51
Appeals
(1) If any person is aggrieved by a decision of the Board or the Chief Executive with
regard to
(a)
an application for the registration of a designated tourist facility or for
the renewal of its registration; or
(b)
the cancellation or alteration of the registration of a designated tourist
facility; or
(c)
the grading of a designated tourist facility;
he may, within twenty-eight days after being notified of the decision, appeal in
writing to the Minister, submitting with his appeal such fee as may be prescribed.
(2) If any person is aggrieved by a decision of a licensing officer with regard to
(a)
an application for a licence or for the renewal of a licence; or
(b)
the cancellation or alteration of a licence;
he may, within twenty-eight days after being notified o the decision, appeal in
writing to the Minister, submitting with his appeal such fee as may be prescribed.
(3) For the purpose of determining an appeal noted in terms of subsection (1) or (2),
the Minister may require the Board, the Chief Executive or the licensing officer, as
the case may be, to furnish him with the reasons for the decision that is the subject of
the appeal and a copy of any evidence upon which the reasons are based.
(4) The Minister, after due and expeditious inquiry and, except where the Boards
decision is the subject of the appeal, after consultation with the Board, may make
such order on any appeal noted in terms of subsection (1) or (2) as he considers just.
(5) An appeal shall lie to the Administrative Court against any order of the Minister
in terms of subsection (4).
(6) The Board, the Chief Executive or the licensing officer, as the case may be, shall
take all necessary steps to comply with any order made by the Minister in terms of
subsection (4) or by the Administrative Court on an appeal in terms of subsection (5).
(7) Where an appeal has been noted in terms of subsection (1) or (2) against
(a)
the cancellation of any registration or licence, the decision of the
Board, the Chief Executive or the licensing officer concerned, as the case may be,
shall be suspended until the appeal has been finally determined;
(b)
a refusal to renew any registration or licence, the Minister may direct
that the registration be temporarily renewed or that the licence be temporarily
extended, as the case may be, until the appeal has been finally determined.
52
Designated officers
(1) The Minister may designate
(a)
any employee of the Authority; and
(b)
any licensing officer or other member of the Public Service employed
in his Ministry;
as a designated officer for the purposes of this Act.
(2) The Minister shall cause every designated officer to be provided with a certificate
stating that he has been designated as such in terms of this Act.
53
Powers of Chief Executive, licensing officers and designated officers
(1) The Chief Executive, a licensing officer or a designated officer may, whenever it
is reasonably necessary for the maintenance of standards in or at any designated
tourist facility or otherwise for the enforcement of this Act
(a)
at all reasonable times, enter the premises of
(i)
any designated tourist facility
A.
in respect of which an application for registration has been made; or
B.
in or on which any person who has applied for a licence carries on
business or is employed;
or
(ii)
any registered tourist facility;
and, after having informed the person who is for the time being in
charge or control of such premises of the purpose of his visit, make such examination
and inquiry as he may consider necessary:
Provided that he may not enter any room that is occupied by any
person without that persons permission:
(b)
while he is in or on any premises referred to in paragraph (a) or at any
other reasonable time, question any person who conducts or operates or intends to
conduct or operate a designated tourist facility or any agent or employee of such
person and require any such person, agent or employee to produce any book, notice,
record, list or other document which is or has been upon or in the premises or in the
possession or custody or under the control of such person, agent or employee if, in his
opinion, it is necessary to examine that book, notice, record, list or document for the
purpose of any investigation which he is carrying out;
(c)
at any reasonable time, require any person who has the possession,
custody or control of any book, notice, record, list or other document relating to a
designated tourist facility or to any business conducted therein, to produce that book,
notice, record, list or document if, in his opinion, it is necessary to examine that book,
notice, record, list or document for the purpose of any investigation which he is
carrying out;
(d)
examine and make extracts from and copies of any book, notice,
record, list or document referred to in paragraph (b) or (c) and require an explanation
of any entry therein and seize any such book, record, list or document if he has
reasonable grounds for believing that it may afford evidence of an offence under this
Act.
(2) Any person who conducts or operates or intends to conduct or operate a
designated tourist facility the premises of which have been entered by the Chief
Executive, a licensing officer or a designated officer, and any agent or employee of
such a person, shall furnish such reasonable facilities as the Chief Executive, the
licensing officer or the designated officer, as the case may be, may require for the
purpose of exercising his powers under this section.
(3) If any person, without just cause
(a)
refuses to permit the Chief Executive, a licensing officer or a
designated officer to enter any premises in terms of subsection (1) or to conduct any,
examination or inquiry in terms of that subsection; or
(b)
fails or refuses to produce any book, notice, record, list or other
document which the Chief Executive, a licensing officer or a designated officer has
required him to produce in terms of subsection (1); or
(c)
fails or refuses to explain any entry in a book, notice, record, list or
other document which the Chief Executive, a licensing officer or a designated officer
has required him to explain in terms of subsection (1); or
(d)
fails or refuses to furnish the Chief Executive, a licensing officer or a
designated officer with reasonable facilities for the exercise of his powers as required
by subsection (2); or
(e)
hinders or obstructs the Chief Executive, a licensing officer or
designated officer in the exercise of his powers in terms of subsection (1);
such refusal, failure, hindering or obstruction, as the case may be, shall afford a
ground for refusing to register the designated tourist facility concerned or cancelling
its registration, or refusing to issue a licence to that person or cancelling his licence,
as the case may be.
(4) A designated officer shall, on demand by any person affected by the exercise or
performance of any function in terms of this Act, exhibit the certificate issued to him
in terms of subsection (2) of section fifty-two.
54
Secrecy to be observed
(1) The Chief Executive and every licensing officer, designated officer and other
person appointed or employed under this Act shall not disclose to any person, except
in the performance of his functions under this Act or when required to do so by any
law or by an order of court, any information which he may have acquired in the
course of his duties in relation to the financial or business affairs of any person,
establishment or business.
(2) Any person who obtains any information referred to in subsection (1) from the
Chief Executive, a licensing officer, a designated officer or any other person
appointed or employed under this Act shall not disclose or publish that information to
any other person, unless required to do so by any law or by an order of court.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence
and liable to a fine not exceeding level six or to imprisonment for a period not
exceeding one year or to both such fine and such imprisonment.
[inserted by Act 22 of 2001, with effect from the 10th September, 2002.]
55
Levies
(1) After consultation with the Minister responsible for finance and the Board, the
Minister may make regulations in terms of section fifty-seven prescribing levies to be
paid by any class of registered tourist facilities or licensed persons.
(2) In prescribing any levy in terms of subsection (1), the Minister
(a)
shall prescribe
(i)
the persons responsible for the payment, collection and remittal of the
levy; and
(ii)
the manner in which and times at which the levy shall be paid,
collected. and remitted;
and
(b)
may
(i)
require any person conducting or operating a registered tourist facility
to include in the price of any services rendered by him a surcharge at such rate as may
be prescribed, and may require him to collect such surcharge;
(ii)
fix any other basis on which the levy shall be calculated.
(3) The Minister may, by proceedings in a competent court, recover the amount of
any levy which is due in terms of this Act from any person required to pay the levy or
to collect or remit the levy.
(4) All amounts remitted or collected by way of levy shall be paid into the Zimbabwe
Tourism Fund.
56
Authority may require statistics and information
(1) The Authority may require every operator of a designated tourist facility, whether
or not the facility is registered or the person is licensed, to furnish the Authority with
it to be true; or
(b)
falsely asserts or in any manner pretends that
(i)
he is the holder of a licence; or
(ii)
any tourist facility is registered;
unless he has reasonable grounds for believing that he is the holder of
such a licence or that the tourist facility is registered, as the case may be;
shall be guilty of an offence and liable to a fine not exceeding level six or to
imprisonment for a period not exceeding six months or to both such fine and such
imprisonment.
(4) Any person who knowingly furnishes to the Authority, the Chief Executive, a
licensing officer or a designated officer any information which is false in a material
respect or misleading shall be guilty of an offence and liable to a fine not exceeding
level six or to imprisonment for a period not exceeding one year or to both such fine
and such imprisonment.
[inserted by Act 22 of 2001, with effect from the 10th September, 2002.]
59
Summary judgment for unpaid levies in criminal proceedings
(1) On the conviction of a person for an offence involving a failure to pay any levy,
the court convicting him may, on the application of the prosecutor and in addition to
any other penalty which it may impose, give summary judgment in favour of the
Minister, for the benefit of the Zimbabwe Tourism Fund, for the amount of the levy
to which the conviction relates.
(2) Summary judgment given by a court in terms of subsection (1) shall have the
same effect and may be executed in the same manner as if it had been given in civil
proceedings instituted in the court by the Minister.
60
Registers and certificates to be evidence
(1) Any register kept in terms of this Act shall be to be prima facie proof of all
matters directed or authorized by this Act to be entered therein.
(2) A document purporting to be an extract from a register kept in terms of this Act
and purporting to be signed by the Chief Executive shall be admissible in evidence in
any proceedings in any court on its production by any person as prima facie proof of
the matters stated therein.
(3) A certificate purporting to be signed by the Chief Executive and stating that any
premises, place, service or thing is or is not a registered tourist facility shall be
admissible in evidence in any proceedings in any court on its production by any
person as prima facie proof o the matters stated therein.
(4) A certificate purporting to be signed by a licensing officer and stating that any
person is or is not licensed shall be admissible in evidence in any proceedings in any
court on its production by any person as prima facie proof of the matters stated
therein.
61
Special provisions relating to dissolution of Zimbabwe Tourist Development
Corporation
The provisions of the Second Schedule shall apply to the dissolution of the Zimbabwe
Tourist Development Corporation established under the repealed Act.
FIRST SCHEDULE (Section 5)
POWERS OF AUTHORITY
1.
To acquire premises necessary or convenient for the exercise of its
functions and, for that purpose, to buy, take in exchange, hire or otherwise acquire
immovable property and interests in and rights over such property.
2.
To buy, take in exchange, hire or otherwise acquire movable property.
3.
To maintain, alter and improve any of its property.
4.
To mortgage or pledge any of its assets and, with the Ministers
approval, to sell, exchange, let, dispose of, turn to account or otherwise deal with any
assets which are not required for the exercise of its functions for such consideration as
the Board may determine.
5.
To draw, make, accept, indorse, discount, execute and issue cheques,
promissory notes, bills of exchange, bills of lading, securities and other negotiable or
transferable instruments.
6.
To insure against losses, damages, risks and liabilities which it may
incur.
7.
To make contracts and enter into suretyships or give guarantees, and to
modify or rescind such contracts or rescind such suretyships or guarantees.
8.
With the Ministers approval
(a)
to enter into, renew, cancel or abandon arrangements with any
government or authority, local or otherwise; and
(b)
to obtain from such government or authority rights, privileges and
concessions;
and to carry out and exercise such arrangements, rights, privileges and
concessions.
9.
With the approval of the Minister and the Minister responsible for
finance, to establish and administer funds and reserves.
10.
To employ, on such terms and conditions as the Board thinks fit, such
persons as are necessary for conducting the Authoritys affairs, and to suspend or
discharge any such employees:
Provided that the Board shall obtain the Ministers approval before
appointing or promoting any person to a post of such class or grade as the Minister
may designate for the purpose of this paragraph by notice in writing to the Board.
11.
With the approval of the Minister and the Minister responsible for
finance, to pay such remuneration and allowances and grant such leave of absence
and to make such gifts and bonuses and the like to its employees as the Board thinks
fit.
12.
To provide pecuniary benefits for its employees on their retirement,
resignation, discharge or other termination of service or in the event of their sickness
or injury and for their dependants, and for that purpose to effect policies of insurance,
establish pension or provident funds or make such other provision as may be
necessary to secure for its employees and their dependants any or all the pecuniary
benefits to which this paragraph relates.
13.
With the Ministers approval, to purchase, take in exchange, hire or
otherwise acquire land or dwellings for use or occupation by its employees.
14.
To construct buildings and other improvements for use or occupation
by its employees on land which it has purchased, taken in exchange, hired or
otherwise acquired.
15.
To sell or let land or dwellings for residential purposes to its
employees.
16.
With the Ministers approval, to make or guarantee loans to its
employees or their spouses for
(a)
the purchase of dwellings or land for residential purposes; or
(b)
the construction or improvement of dwellings on land which is the
property of its employees of their spouses.
17.
To provide security in respect of loans such as are described in
paragraph 16 by the deposit of securities, in which it may invest such moneys as the
Board considers necessary for the purpose.
18.
With the approval of the Minister and the Minister responsible for
(2)
In giving directions under subparagraph (1), the Minister shall ensure
so far as practicable that
(a)
all assets and liabilities of the Corporation which relate to the
carrying on of hotels, restaurants and other tourist facilities shall be transferred to the
successor company; and
(b)
all other assets and liabilities of the Corporation shall be transferred to
the Authority or the Zimbabwe Tourism Fund, due regard being had to their
respective functions and objects under this Act.
(3)
On the relevant transfer date, every asset and liability of the
Corporation which the Minister has directed shall be transferred to
(a)
the successor company, shall vest in the successor company;
(b)
the Authority, shall vest in the Authority;
(c)
the Zimbabwe Tourism Fund, shall vest in that Fund.
(4)
All bonds, hypothecations, deeds, contracts, instruments, documents
and working arrangements that subsisted immediately before the relevant transfer
date and to which the Corporation was a party shall, on and after that date, be as fully
effective and enforceable against or in favour of the successor company, the
Authority or the Zimbabwe Tourism Fund, as the case may be, as if, instead of the
Corporation, the successor company, the Authority or the Zimbabwe Tourism Fund,
as the case may be, had been named therein.
(5)
It shall not be necessary for the Registrar of Deeds to make any
endorsement on title deeds or other documents or in his registers in respect of any
immovable property, right or obligation which passes to the successor company, the
Authority or the Zimbabwe Tourism Fund under this paragraph, but the Registrar of
Deeds, when so requested in writing by the successor company, the Authority or the
Zimbabwe Tourism Fund, as the case may be, in relation to any particular such
property, right or obligation, shall cause the name of the successor company, the
Authority or the Zimbabwe Tourism Fund, as the case may be, to be substituted, free
of charge, for that of the Corporation on the appropriate title deed or other document
or in the appropriate register.
(6)
Any cause of action or proceeding which existed or was pending by or
against the Corporation immediately before the relevant transfer date
(a)
in respect of any asset or obligation which is transferred from the
Corporation to the successor company, may be enforced or continued, as the case
may be, by or against the successor company;
(b)
in respect of any asset or obligation which is transferred from the
Corporation to the Authority, may be enforced or continued, as the case may be, by or
against the Authority;
(c)
in respect of any asset or obligation which is transferred from the
Corporation to the Zimbabwe Tourism Fund, may be enforced or continued, as the
case may be, by or against that Fund;
in the same way that it might have been enforced or continued, as the
case may be, by or against the Corporation had this Act not been passed.
(7)
Any guarantee or suretyship which was given or made by the
Government or any other person in respect of any debt or obligation of the
Corporation and which was effective immediately before the transfer date shall
remain fully effective against the guarantor or surety on and after that date in relation
to the repayment of the debt or the performance of the obligation, as the case may be,
by the successor company, the Authority or the Zimbabwe Tourism Fund, as the case
may be.
3. Conversion of loans transferred to successor company
(1)
In this paragraph
transferred loan means any moneys lent to the Corporation by the
State, the liability to repay which vests in the successor company by virtue of
subparagraph (3) of paragraph 2.
(2)
The successor company, if directed to do so by the Minister, shall
issue such debentures as the Minister may require
(a)
to the Minister or a person nominated by the Minister; or
(b)
to any person entitled to require the issue of the debentures following
their initial allotment to a person referred to in paragraph (a);
up to an amount equal to the amount of any transferred loan.
(3)
The issue of debentures in terms of subparagraph (2) shall have the
effect of extinguishing by novation the transferred loan in respect of which the
debentures were issued, up to the nominal value of the debentures.
(4)
Debentures issued pursuant to a direction under subparagraph (2)
(a)
shall be issued or allotted at such times and on such terms and
conditions, whether as to interest or otherwise, as the Minister may direct; and
(b)
shall be regarded as fully paid and treated for the purposes of the
Companies Act [Chapter 24:03] as if the successor company had been paid their
nominal value in cash.
(5)
Any interest or other moneys received by the Minister or by any other
person on behalf of the State in right of or on the disposal of any debenture acquired
by virtue of this paragraph shall be paid into the Consolidated Revenue Fund.
(6)
Stamp duty shall not be chargeable under the Stamp Duties Act
[Chapter 23:09]
(a)
in respect of any debenture issued in compliance with a direction
under subparagraph (1); or
(b)
where any convertible debentures were issued in compliance with a
direction under subparagraph (1), in respect of the exercise of the conversion rights
attached to any such debenture.
(7)
The Minister shall not
(a)
give a direction under subparagraph (1) at a time when the successor
company has ceased to be wholly owned by the State; or
(b)
exercise any power conferred on him by this paragraph, or dispose of
any debenture issued or allotted to him pursuant to this paragraph, or dispose of any
right in such a debenture, without the consent of the Minister responsible for finance.
4. Special provisions for employees of Corporation
The successor company shall endeavour to employ as many of the
employees of the Corporation as is possible without prejudicing the efficiency and
economic viability of the successor company.
5. Minister may give directions to Corporation
(1)
Notwithstanding anything to the contrary in the repealed Act, the
Minister may give the Board of the Corporation directions in writing in order to
ensure the proper transfer of the assets and liabilities of the Corporation to the
successor company, the Authority and the Zimbabwe Tourism Fund, and the Board of
the Corporation shall without delay comply with every such direction.
(2)
Without derogation from subparagraph (1), directions given under that
subparagraph may provide for
(a)
the cessation of all or any of the functions of the Corporation;
(b)
the termination of any contract entered into between the Corporation
and any person:
Provided that no such direction shall authorize the Corporation to
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